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Terms of Service
Introduction
Effective Date: March 13, 2024
These Terms of Service ("Terms of Service") form a legal agreement between TechLink Health and you, the individual or business ("you" and "your") concerning your access to and use of the various services offered through the Websites and the Platforms (as defined below). Use of any of the Websites or Platforms constitutes your acceptance of these Terms of Service and the Web and Mobile Privacy Policy.
HealthLink Insights, LLC (TechLink Health, "we, or "us") operates under the brand names HealthLink Insights and TechLink Health. TechLink Health's primary goal is making healthcare practitioners more accessible to ultimately provide the best patient outcomes, which in turn means that we are committed to protecting your privacy and we take great care with your personal information that we gather when you access or use TechLink.Health and related websites, applications, and services owned and operated by TechLink Health (the "Platform").
Please note that we offer the Services “AS IS” and without warranties. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
TechLink Health's Representation
TechLink Health is not an insurance provider and does not fulfill prescriptions. TechLink Health's role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine and expert medical services. TechLink Health is independent from healthcare providers who will be providing such telemedicine services to you through the Platform and is not responsible for such healthcare providers' acts, omissions or for any content of the communications made by them. TechLink Health does not engage in the practice of medicine or provide any other health services.
User Representations and Warranties
By registering on the Platforms, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms of Service with TechLink Health, (iii) the information you have provided to TechLink Health in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Platforms, (v) you will not interfere with a third party's use and enjoyment of the Platforms, (vi) you will not interfere with or disrupt TechLink Health's or its vendors' security measures, (vii) if any information you provide to TechLink Health becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify TechLink Health, (viii) you acknowledge that access to the healthcare services provided through the Platforms are not "insured services" under any provincial health plans, (ix) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by TechLink Health or its representatives that such healthcare services will be made available to you, and (x) you are accessing the Platforms for yourself or a child under the age of eighteen for whom you are the legal guardian.
Authorization and Acknowledgement
You are responsible for choosing your own healthcare provider, including without limitation, determining whether the applicable healthcare provider is suitable for your healthcare needs based on specialty, experience, qualification, licenses and other important facts and circumstances that could impact your care.
Termination
Violation of these Terms of Service will terminate your ability to use the Platforms. TechLink Health may, in its sole discretion, terminate your access to the Websites and/or Platforms, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy TechLink Health may have available at law. Additionally, TechLink Health shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms of Service by ceasing to access and use the Websites and Platforms. Upon any termination of these Terms of Service you must immediately cease use of the Websites and Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms of Service.
Conduct and Prohibited Uses
TechLink Health provides the Services and the Platform in order to promote accessibility of providers to users. In using the Platform you agree to:
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Use the Services only in compliance with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
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Use the Services and the Platform in a professional manner.
You agree that you will not:
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Misrepresent your current or previous positions and qualifications;
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Misrepresent your affiliations with a person or entity, past or present;
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Misrepresent your identity, including, but not limited to, the use of a pseudonym;
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Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
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Disclose information that you do not have the right to disclose;
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Post anything that contains software viruses, worms, or any other harmful code;
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Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services, TechLink Health Platform or any related technology, or any part thereof;
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Violate the intellectual property rights of others, including patents, trademarks, trade secrets, copyrights, or other proprietary rights;
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Remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
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Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services, the Platform or any related data or information;
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Use bots or other automated methods to access and interact with the Services or the Platform;
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Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services or the Platform;
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Access the Services or the Platform except through the interfaces expressly provided by TechLink Health;
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Override any security feature of the Services; and/or Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
Intellectual Property
TechLink Health is the sole and exclusive owner of the Platforms, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Platforms and any related materials and documentation. No title or ownership of the Platforms or any portion thereof is transferred to you hereunder. TechLink Health reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Platforms.
You may provide input, comments or suggestions regarding the Platforms or TechLink Health Services ("Comments"). You acknowledge and agree that TechLink Health may use any Comments without any obligation to you and you hereby grant TechLink Health a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as TechLink Health may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.
Links to Other Websites
When using the Services, you may encounter links to other websites. These links are provided for your convenience only and TechLink Health does not endorse these sites or the products and services they provide. You acknowledge and agree that TechLink Health is not responsible or liable for the content or accuracy of these other websites. Although we attempt to link to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.
Indemnification
You agree to defend, indemnify and hold TechLink Health, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers, harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms of Service; (b) access to or use of the Platform; and (c) provision of other disclosure to TechLink Health of any other information or data and the use of same by TechLink Health or other TechLink Party as contemplated hereunder.
In no event shall TechLink Health be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever resulting from any loss of use, loss of profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort, product liability, or otherwise, arising out of or in any way connected with the Platform or the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages.
TechLink Health shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond TechLink Health's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms of these Terms of Service that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.
Disclaimer
We provide the services “as is” and “as available.” We make no express or implied warranties or guarantees about the services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the services and the site, including, without limitation, any warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing.
We do not guarantee that the results that may be obtained from the use of the services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the services or any other data or information provided or received through the services. Except as expressly set forth herein, TechLink Health makes no warranties about the information systems, software and functions made accessible through the services or any other security associated with the transmission of sensitive information. TechLink Health does not warrant that the site or the services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the services, software or site are free of computer viruses, contaminants or other harmful items.
Choice of Law
These Terms or Service are governed by the laws of Delaware. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms of Service are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
Entire Agreement
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of TechLink Health to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Electronic Affirmation
Your affirmative act of using the Services and/or creating an account constitutes your electronic signature to this Agreement, which includes our Privacy Policy and your consent to enter into such agreements with us electronically.
Assignment
TechLink Health may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.